Suspension and Revocation of Licenses

NMSA 1978 ch. 60, art. 6C

in effect

NMSA 1978, § 60-6C-1 Grounds for suspension, revocation or administrative fine; reporting requirement

60-6C-1. Grounds for suspension, revocation or administrative fine; reporting requirement A. The director may suspend or revoke the license or permit or fine the licensee in an amount not more than ten thousand dollars ($10,000), or both, when the director finds that a licensee has: (1) violated any provision of the Liquor Control Act [60-3A-1 NMSA 1978] or any rule or order promulgated pursuant to that act; (2) been convicted of a felony pursuant to the provisions of the Criminal Code [30-1-1 NMSA 1978], the Liquor Control Act or federal law; or (3) permitted the licensee's licensed premises to remain a public nuisance in the neighborhood where it is located after written notice from the director that investigation by the department has revealed that the establishment is a public nuisance in the neighborhood. B. The director shall suspend or revoke the license or permit and may fine the licensee in an amount not to exceed ten thousand dollars ($10,000), or both, when the director finds that any licensee or: (1) the licensee's employee or agent knowingly has sold, served, delivered or given an alcoholic beverage to a minor in violation of Section 60-7B-1 NMSA 1978 or to an intoxicated person in violation of Section 60-7A-16 NMSA 1978, on two separate occasions within any twelve-month period; or (2) the licensee's agent has made any material false statement or concealed any material facts in the licensee's application for the license or permit granted the licensee pursuant to the provisions of the Liquor Control Act. C. A licensee aggrieved by a revocation, suspension or fine proposed to be imposed by the director pursuant to this section shall be entitled to the hearing procedures set forth in Chapter 60, Article 6C NMSA 1978 before the revocation, suspension or fine shall be effective. D. A charge filed against a licensee by the department and the resulting disposition of the charge shall be reported to the department of public safety. E. For purposes of this section, "licensee" includes any person issued an alcoholic beverage delivery permit. Laws 1981, ch. 39, § 97; 1993, ch. 68, § 11; 1998 (1st S.S.), ch. 16, § 1; 2021, ch. 7, § 17.

NMSA 1978, § 60-6C-2 Hearings; location; open to public; hearing officer

60-6C-2. Hearings; location; open to public; hearing officer All hearings held pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county in which the licensed premises or the business of the person issued an alcoholic beverage delivery permit that is the subject matter of the hearing is located. All such hearings shall be open to the public. Laws 1981, ch. 39, § 98; 1987, c. 255, § 1; 1993, ch. 68, § 12; 2021, ch. 7, § 18.

NMSA 1978, § 60-6C-4 Administrative proceedings; complaints; investigation; order to show cause; service; hearings

60-6C-4. Administrative proceedings; complaints; investigation; order to show cause; service; hearings A. Whenever a person lodges a signed, written complaint with the department alleging that a licensee has violated any of the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], unless the complaint is deficient on its face, the director shall request that the department of public safety investigate the complaint. B. The department of public safety shall investigate the complaint and make a written report to the director. C. If the director believes from the report that probable cause exists for filing charges against the licensee for the revocation or suspension of the licensee's license or permit or for fining the licensee, or for both, the director or the director's designee shall file in the department a charge against the licensee in the name of the state, stating the nature of the grounds relied upon for the filing, the approximate date of the alleged violation and the names and addresses of the witnesses who are expected to give testimony or evidence against the licensee. D. After charges have been filed, the director shall issue a signed order for the licensee to appear at a hearing to explain, on the basis of any ground set out in the charge, why the license or permit should not be revoked or suspended or why the licensee should not be fined, or both. E. The director shall keep the original of the charge and the order to show cause on file in the director's office. F. The director shall appoint a hearing officer no later than ten days prior to the date set for the hearing at which the licensee shall appear to explain why the licensee's license or permit should not be revoked or suspended or why the licensee should not be fined, or both. G. The director shall have a copy of the charge and a copy of the order to show cause sent to the licensee or the licensee's resident agent at the agent's last known address by certified mail at least fourteen days before the date set for the hearing on the order to show cause. H. At a hearing on an order to show cause, the director shall cause a record of hearing to be made, which shall record: (1) the style of the proceedings; (2) the nature of the proceedings, including a copy of the charge and a copy of the order to show cause; (3) the place, date and time of the hearing and all continuances or recesses of the hearing; (4) the appearance or nonappearance of the licensee; (5) if the licensee appears with an attorney, the name and address of the attorney; (6) a record of all evidence and testimony and a copy or record of all exhibits introduced in evidence; (7) the findings of fact and law as to whether the licensee has violated the Liquor Control Act as set out in the charge; and (8) the decision of the director. I. If the licensee fails to appear without good cause at the time and place designated in the order to show cause for the hearing, the director shall order the nonappearance of the licensee to be entered in the record of hearing and shall order the license or permit revoked or suspended or the licensee fined, or both, on all the grounds alleged in the charge and shall cause the record of hearing to show the particulars in detail. In such a case, there shall be no reopening, appeal or review of the proceedings unless pursued by a co-owner of a license who did not receive notice of the hearing. J. If the licensee admits guilt on all grounds set out in the charge, the director shall order the revocation or suspension of the license or permit or the licensee fined, or both, and cause a record of hearing to be made showing the facts and particulars of the director's order of revocation or suspension of the license or permit or fine of the licensee, or both. In such a case, there shall be no review or appeal of the proceedings. K. If the licensee appears at the hearing and does not testify or denies guilt of any of the grounds set out in the charge, the hearing shall proceed as follows: (1) the director or the hearing officer shall administer oaths to all witnesses, the department shall cause all testimony and evidence in support of the grounds alleged in the charge to be presented in the presence of the licensee and the director shall allow the licensee or the licensee's attorney to cross-examine all witnesses; (2) the licensee shall be allowed to present testimony and evidence the licensee may have in denial or in mitigation of the grounds set out in the charge; (3) the department shall have the right to cross-examine the licensee or any witness testifying in the licensee's favor; (4) the department shall present any evidence or testimony in rebuttal of that produced by the licensee; (5) the director or the hearing officer shall make a finding on each ground alleged and a finding of the guilt or innocence of the licensee on each ground; (6) if the licensee is found guilty on any ground alleged and proved, the director shall make an order of revocation or suspension of the license or permit or fine of the licensee, or both; and (7) the rules of evidence shall not be required to be observed, but the order of suspension or revocation or fine, or both, shall be based upon substantial, competent and relevant evidence and testimony appearing in the record of hearing. L. No admission of guilt, admission against interest or transcript of testimony made or given in a hearing pursuant to this section shall be received or used in criminal proceedings wherein the licensee is a defendant; provided, however, if the licensee commits perjury in a hearing, the evidence shall be admissible in a perjury trial if otherwise competent and relevant. M. The director shall adopt reasonable rules setting forth uniform standards of penalties concerning fines and suspensions imposed by the director. N. For purposes of this section, "licensee" includes a person issued an alcoholic beverage delivery permit. Laws 1981, ch. 39, § 100; 1993, ch. 68, § 13; 2021, ch. 7, § 19.

NMSA 1978, § 60-6C-5 Administration of oaths; production of documents; witnesses

60-6C-5. Administration of oaths; production of documents; witnesses The director shall have the power to administer oaths and compel the attendance of witnesses and the production of documents, records and physical exhibits in any hearing held under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] by the issuance and service of subpoenas and subpoenas duces tecum. The hearing officer shall have authority to rule upon offers of proof and receive relevant evidence, take, allow or cause depositions to be taken, regulate the course of the hearing, hold conferences for the settlement or simplification of the issues by consent of the parties, dispose of procedural requests or similar matters and reopen the hearing for the taking of additional evidence at any time prior to the taking of an appeal. Laws 1981, ch. 39, § 101; 1993, ch. 329, § 5.

NMSA 1978, § 60-6C-6 Appeal

60-6C-6. Appeal A. A licensee aggrieved or adversely affected by an order of revocation, suspension or fine shall have the right to appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. No appeal shall have the effect of suspending the operation of the order of suspension, revocation or fine, but the liquor control hearing officer may, for good cause shown and upon such terms and conditions as the officer may find are just, in the officer's discretion suspend the operation of the order of suspension, revocation or fine pending the appeal. The court shall tax costs against the losing party. C. For purposes of this section, "licensee" includes a person issued an alcoholic beverage delivery permit and includes a person issued a server permit pursuant to the Alcohol Server Education Article of the Liquor Control Act [Chapter 60, Article 6E NMSA 1978]. Laws 1981, ch. 39, § 102; 1987, ch. 255, § 2; 1993, ch. 329, § 6; 1998, ch. 55, § 72; 1999, ch. 265, § 75; 1999, ch. 277, § 1; 2021, ch. 7, § 20.

NMSA 1978, § 60-6C-8 Restriction on license after revocation

60-6C-8. Restriction on license after revocation If a license is revoked under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], the licensee shall not be issued or be the transferee of a license within two years of the date of the revocation. Laws 1981, ch. 39, § 104.

NMSA 1978, § 60-6C-9 Compromising liability

60-6C-9. Compromising liability The director is authorized to compromise the penalty for any violations of the Liquor Control Act [60-3A-1 NMSA 1978] or of any department regulation or order when he deems it is in the best interest of the state. Laws 1981, ch. 39, § 105.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18563/index.doFetched: 10/20/2026